Filed: Apr. 09, 2018
Latest Update: Apr. 09, 2018
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (SECOND REQUEST) CARL W. HOFFMAN , Magistrate Judge . Pursuant to LR 6-1 and LR 26-4, Plaintiff requests, and Defendant does not oppose, and hereby stipulate that this Court extend discovery in the above-captioned case sixty (60) days, pursuant to Plaintiff's request, which would extend discovery up to and including Monday, September 17, 2018. In addition, the parties stipulate that the dispositive motions and pretrial order deadlines be
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (SECOND REQUEST) CARL W. HOFFMAN , Magistrate Judge . Pursuant to LR 6-1 and LR 26-4, Plaintiff requests, and Defendant does not oppose, and hereby stipulate that this Court extend discovery in the above-captioned case sixty (60) days, pursuant to Plaintiff's request, which would extend discovery up to and including Monday, September 17, 2018. In addition, the parties stipulate that the dispositive motions and pretrial order deadlines be e..
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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES
(SECOND REQUEST)
CARL W. HOFFMAN, Magistrate Judge.
Pursuant to LR 6-1 and LR 26-4, Plaintiff requests, and Defendant does not oppose, and hereby stipulate that this Court extend discovery in the above-captioned case sixty (60) days, pursuant to Plaintiff's request, which would extend discovery up to and including Monday, September 17, 2018. In addition, the parties stipulate that the dispositive motions and pretrial order deadlines be extended for an additional sixty (60) days as outlined herein, in support of Plaintiff's request. In support of this Stipulation and Request, the parties state as follows:
1. On April 24, 2017, Plaintiff filed her Complaint in United States District Court, District of Nevada.
2. On June 23, 2017, Defendant filed its Answer.
3. On August 28, 2017, the parties submitted a proposed scheduling order to the Court.
4. On September 20, 2017, Plaintiff received Defendant's 26.1 list of witnesses and documents.
5. On September 21, 2017, Plaintiff served her 26.1 list of witnesses and documents.
6. On November 6, 2017, Plaintiff propounded written discovery on Defendant.
7. On December 21, 2017, Defendant served its responses to Plaintiff.
8. On January 2, 2018, Plaintiff noticed the depositions of two lay witnesses, Ana Smith, and Natalie Weckesser.
9. On January 3, 2018, Defendant propounded written discovery on Defendant.
Since this time, more written discovery has been conducted, medical records have been requested, more depositions have been taken (including Plaintiff's deposition), and more depositions have been noticed or are anticipated to occur in the near future.
DISCOVERY REMAINING
1. Plaintiff will take the deposition of Defendant.
2. The parties will take the depositions of Plaintiff's medical providers once Defendant is able to obtain the medical records.
3. The parties will take the depositions of expert witnesses.
4. The parties will take the depositions of any and all other witnesses garnered through discovery.
This request for an extension of time is not sought for any improper purpose or other purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing sufficient time to conduct discovery.
WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED
The parties have been compiling documents and investigating the instant action. There have been some issues with obtaining medical records due to various providers' requirements for specific releases to be signed before releasing records. The parties are actively engaged in discovery and will proceed with necessary case depositions.
Counsel for Plaintiff has been occupied in dealing with new developments affecting this case, including continued medical treatment of Plaintiff. Counsel for Plaintiff has been working with Defendant's counsel to obtain the appropriate medical releases so that Defendant has access to Plaintiff's medical records.
This request for an extension is being made at the request of Plaintiff and Defendant does not object to the request. As such, the parties are stipulating to a sixty (60) day extension of all discovery deadlines.
Extension or Modification of the Discovery Plan and Scheduling Order. LR 26-4 governs modifications or extension of this discovery plan and scheduling order. Any stipulation or motion must be made not later than twenty-one (21) days before the expiration of the subject deadline and comply fully with LR 26-4.
The following is a list of the current discovery deadlines and the parties' proposed extended deadlines:
SCHEDULED EVENT PROPOSED DEADLINE CURRENT DEADLINE
Close of Discovery Monday, September 17, 2018 Wednesday, July 18, 2018
Amendment to Pleadings Tuesday, June 19, 2018 Thursday, April 19, 2018
Plaintiff's Expert Disclosure Tuesday, June 19, 2018 Thursday, April 19, 2018
Defendant's Expert Disclosure Thursday, July 19, 2018 Monday, May 21, 2018
Plaintiff's Rebuttal Expert Monday, August 20, 2018 Wednesday, June 20, 2018
Report(s)
Interim Status Report Thursday, July 19, 2018 Monday, May 21, 2018
Dispositive Motions Wednesday, October 17, Friday, August 17, 2018
2018
Joint Pretrial Order1 Friday, November 16, 2018 Monday, September 17, 2018
This Request for an extension of time is not sought for any improper purpose or other purpose of delay. Rather, it is sought by Plaintiff solely for the purpose of allowing sufficient time to conduct discovery in this case and adequately prepare their respective cases for trial. Defendant has no objection to Plaintiff's request.
This is the Second Request for an extension of time in this matter. The parties respectfully submit that the reasons set forth above constitute compelling reasons and good cause for the short extension.
WHEREFORE, Plaintiff requests, and Defendant does not oppose, that this Court extend the discovery period by sixty (60) days from the current deadline of July 18, 2018, up through and including Monday, September 17, 2018, and the other discovery dates as outlined in accordance with the table above.
ORDER
IT IS SO ORDERED.
